Practices
Related Practices
Consumer Advocates brought a representative UCL action against DaimlerChrysler Corporation, claiming DaimlerChrysler violated the UCL in its handling of new vehicle warranty repairs under the Song-Beverly Consumer Warranty Act (Song-Beverly) (Civ. Code, § 1790 et seq.). The trial court had found DaimlerChrysler committed certain “unfair” business practices and issued a judgment permanently enjoining DaimlerChrysler from engaging in those practices. Representing DaimlerChrysler on appeal, Horvitz & Levy LLP persuaded the Court of Appeal to reverse the judgment in full based on equitable considerations: (1) that injunctive relief was inappropriate because consumers have an adequate remedy at law under Song-Beverly, including damages, costs and attorney fees, and a civil penalty in egregious cases; and (2) the injunction would improperly place the trial court in the position of ongoing supervision of all of DaimlerChrysler’s new car warranty practices within the state and would lead to a multiplicity of suits.